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Friday, July 31, 2015

Living wills and advance directives have lately become the hot
topic of discussion with the case of the brain-dead pregnant women in
Texas going to the courts to decide. While her individual rights versus
Texas state law makes for a heated debate, the real question for most
Americans and Canadians should be 'What happens if you don't have a
living will and the unthinkable happens?'

Every year, thousands of
people have an unfortunate accident that leaves them in an
incapacitated state. This is where a living will comes into play. A
living will, which can also be known as an advance health care directive
or advance directive, is a set of instructions given by you, allowing
for what types of medical intervention and treatment you would like to
receive, if you are in a state of mind where you cannot make decisions
for yourself. If you don't have a living will, you leave these decisions
to someone else. So, there by itself, is the number one reason for
having a living will. Now let's break down the other 4 major reasons why
you should have a living will:

2. Avoid Family Fighting. Imagine
what not having a living will could do to your family. If you haven't
made the medical decisions that are usually addressed in a living will,
depending on your state or province, often times it is left up to your
family to make these pain staking decisions for you. Imagine your spouse
having to decide whether or not to keep you on life support. Now
imagine your mother, or brother, disagreeing with their decision. The
emotional toll this can take on a family could be devastating. The case
of Terri Schvaio often comes to mind. Back in 1990 she collapsed and
fell into a coma for more than two months, and then was declared to be
in a vegetative state. Years later, her husband made the decision,
against her parents' wishes, to have her removed from a feeding tube.
The argument went on for seven years. You can imagine the emotional toll
your family would suffer in a similar situation.

3. The Medical
Costs. In some cases when a person is incapacitated, the prolonged
period of keeping a patient alive can outlast the medical insurance,
leaving the extra costs to be paid by the patient's estate. Many times,
when the decision is made by the spouse, or other family member, to
artificially extend one's life, the medical costs involved can cause an
extreme financial burden. It is not unheard of for families to end up
losing everything because of this. If you were incapacitated, could you
imagine your family losing their home, or possibly facing medical
bankruptcy?

4. The Legal Costs. All it takes is for two family
members to disagree and here comes the lawyers. This happens in many
cases, like Terri Schvaio's, where lawyers for the disagreeing parties
spend weeks, months, and even years, arguing for their side, all the
while the costs are adding up. And eventually someone will have to pay
those bills. Imagine the life insurance you left to protect your family,
ending up in the hands of attorneys, all because no one knew what your
wishes were. These situations happen all too often. You having a living
will can avoid a catastrophe like this.

5. Peace of Mind. Simply
put, when you have a living will, you are more likely to have the peace
of mind of knowing that your wishes will be known, and that family
members won't have to fret over whether or not they made the right
decision. It is perhaps one of the most responsible, unselfish acts you
can take by keeping the heart wrenching decisions out of the hands of
your loved ones. If the unthinkable were to happen to you, there would
be no reason to compound your family's suffering.

Now that you
have the five major reasons to get your living will, you have to decide
what to include in it. There are many points to consider, like if you
should appoint a medical power of attorney (POA), where you would
designate someone you trust to make decisions that may not have been
covered in your living will, or adding a 'do not resuscitate' directive.
These are some of the many items you will want to discuss with your
family. Also consult your attorney for advice on your state's laws when
drafting a living will.

I heard it said that having a will is like
writing a final love letter to your loved ones to assure they get
everything you want them to have. When you think of it in these terms, a
living will would be an extension of that love letter, preventing
unnecessary pain and hardships for your family, just in case you were to
experience an incapacitated state for any length of time.

Gerard Cassagnol is a professional writer and has written several
articles on legal issues of the day. He is an advocate for affordable
legal representation and coverage in the USA and Canada. He has had a
legal plan membership for over 15 years, and is now a marketer of legal
plans and identity theft plans for individuals, families, and small
businesses.For more information about Individual and Family Legal Protection, please go to FREE Insider Report on Legal Protection

Thursday, July 30, 2015

Many probate courts place entire wills and asset lists in public record or make them available online. Learn about what goes public in probate from an estate planning and probate lawyer in this free video on estate law.

Wednesday, July 29, 2015

If you are a beneficiary in a will, you will most likely receive notice after the will is entered in probate court. Learn what to do if you have been named in a will from an estate planning and probate lawyer in this free video on estate law.

Tuesday, July 28, 2015

It is a sad truth that death is an inevitable part of life. And,
even though many of us are reluctant to face this fact, it is no excuse
to fail to plan for your end-of-life healthcare, particularly if you are
past retirement age. Although it may be scary to think about your
end-of-life decisions, it can greatly improve the quality of life for
your family after you are gone, and will reduce the chance your passing
is a burden on your family. Advanced directives offer you the assurance
that your last wishes will be fulfilled. Here are four things to know
about them.

1. What is an Advanced Health Care Directive?

An
advanced directive is a generic term for a legal document that
describes to and instructs others about your medical care, in the event
you are unable to make your decisions known. A directive only becomes
effective under circumstances described in the document, but in general
allow you to do two things. The first is to appoint a health care agent
or power of attorney. This person will make decisions on your behalf.
Secondly, the directive will provide instructions about exactly what
forms of health care you want and do not want.

2. Why Are Advanced Directives Important?

According
to recent surveys, the majority of people would prefer to die in their
own homes. However, many terminally-ill patients meet the end of their
life while in the hospital, typically while receiving ineffective
treatments that they may or may not really want. Occasionally, this
confusion can cause conflict between the surviving members of the
family, leading to fights and arguments. Meanwhile, the dying person's
thoughts and wishes remain unexpressed. An advanced care directive
prevents all of this. From documenting the treatments you want, to
describing your wishes for your remains and personal effects, advanced
care planning is highly beneficial.

3. Creating an Advanced Care Directive

An
advanced care directive and living will does not have to be
complicated, however the content may be complex and should be considered
carefully. In general, it will consist of short, simple statements
about what types of treatments you would accept or deny, given
particular circumstances where you are unable to speak for yourself. It
is important to create this document with the help and guidance of your
family, legal, health, and financial professionals for maximum
effectiveness.

4. Talking With Your Loved Ones About Your Choices

A
vital step in advanced care planning is to clearly communicate your
wishes to your loved ones and family about your decisions, and why you
are making them. For most of us, this conversation can seem like a
daunting task. You may be uncomfortable bringing up your own death with
your loved ones, or it may seem like poor timing to have that
conversation, but it is much better to have this conversation now,
before there's a problem, so that everyone can remain calm and relaxed.

For more information on how you can best prepare for the last stages of life with an advanced directives, then head over to GRMedCenter.com now!

Monday, July 27, 2015

A living will, or advance directive, gives a named person the ability to 'pull the plug' in some medical instances. Learn the purpose of a living will from an estate planning and probate lawyer in this free video on estate law.

Sunday, July 26, 2015

You may have tried to forget about that time when you and your
friends had a little too much fun on the spring break of '97 or forced
yourself to believe that "what happens in Vegas stays in Vegas".
Although that breaking and entering incident happened way back when you
were a college sophomore and that you got away with that little Vegas
fiasco with just a month-long community service sanction, these can all
go on your permanent record and can appear in background checks. For
more grave crimes, it can even affect your chances of getting a
reputable job or a loan from a bank.

Therefore, expunging or
erasing your criminal records can reap a multitude of benefits other
than just clearing up your conscience. It may be a lengthy process and a
number of errors may come up but it will definitely be worth it. With
that taken into account, here are some tips on how to get your criminal
record expunged

Find out if your record can be dropped.

Most felonies and some serious misdemeanors can't be dropped off
your permanent record. Offenses against children, sexual and violent
crimes can't be erased. It's worth finding out if your criminal act can
be expunged in the first place rather than going through all the
processes only to find out it was all for nothing.

Give the judge a reason to allow the expungement.

Certain violations, even seemingly minor ones, can result in a loss
of someone's rights. For example a person charged with a DUI may have
his license revoked. In majority of cases, the offender may have to
defend himself in front of a judge, even if it doesn't involve getting a
right back. You need to make a good case for yourself to convince the
judge because ultimately he decides whether you deserve a clean slate or
not.

Show the judge how you can benefit from a clean record.

When convincing a judge, the best defense is to show how much you
and others can benefit from the expungement. For example, if you have
been stripped of your right to leave the country, explain how you have a
family member in need of your attention abroad or something like that.
Make sure your reason is convincing while still being truthful.

Begin the process early.

For most cases it can take four months to a year with a lot of
waiting in between to clear your record, depending on the state you live
in and the severity of the crime. Start by finding yourself a reputable
lawyer and working on your paperwork early on to prevent any additional
delays.

Be mindful of pretend lawyers and scams.

An attorney is not necessary to file for a record expungement.
However, getting legal advice from someone knowledgeable in the whole
process is a huge plus in getting your records cleared. Just be smart
about the whole thing and be mindful of scammers who falsely guarantee
you of a quicker process and certain expungement all for a steep price.

Saturday, July 25, 2015

Consider this scenario. You are in a hospital with a terminal
illness, unconscious, connected to all kinds of medical machines, and
has a very poor prognosis. Who will speak on your behalf during this
time of illness? Who would tell the doctors, the nurses and your family
members what your medical wishes are if ever you get into this terminal
condition? Who would let your caregivers know what you would like to
happen to you and your body in such a condition like this? Would you
like to be kept alive by all means? Or would you rather decide not to be
subjected to futile treatments knowing that this is not a dignified
living for you? But how would you let everyone know all these wishes now
that you are no longer capable of speaking up for yourself?

This
is why Advance Health Care Directives (AHCD) are very important. As a
clinical counselor working in a hospital for several years now, I have
personally worked with families and witnessed them break apart because
they could not agree in making medical and end-of-life decisions for the
dying loved ones. Their loved ones, who were unable to speak up for
themselves, did not have an advance directive. Remember the Terry
Schiavo case?

I have witnessed many cases where, because patients
did not have an AHCD, families and caregivers are plagued with guilt and
have constantly asked themselves if they were making the "right"
decision for their loved one or for themselves. Yet, I have also
witnessed many cases where, because patients had an AHCD, their families
and caregivers felt at peace, in spite of the pain, just because they
knew they were honoring their loved one's medical wishes as reflected on
their AHCD.

WHAT ARE ADVANCE HEALTH CARE DIRECTIVES (AHCD)?

AHCD are legal documents that enable you to do the following:

1.
Appoint or designate a primary and secondary power of attorneys for
health care whom you trust to speak on your behalf and honor your
medical wishes in an event that you could no longer speak up for
yourself.
2. Appoint a primary physician whom you trust to be your doctor or caregiver.
3. Make your end-of-life wishes known.
4. Make your wishes known regarding organ donation.
5. Make your wishes known regarding pain control.

For
an AHCD to be legal, it has to be signed by you (the person creating
the document) before two witnesses. These witnesses could not be your
designated power of attorneys or your immediate family members or your
health caregivers where you receive medical care. Close friends or
distant relatives could be witnesses. If you cannot find witnesses, the
document could be notarized by a notary. The notary can only notarize an
advance directive if you have a valid photo ID (e.g. driver license or
passport). This process applies particularly in California. Other states
may have different processes.

I would also like to mention that a
Living Will is a kind of AHCD. Likewise, an AHCD could also be known as
"Durable Power of Attorney for Health Care."

WHAT DO YOU DO WITH YOUR ADVANCE HEALTH CARE DIRECTIVE?

Once
you created your AHCD, you keep the original and remember to keep it in
an accessible place in your home. If possible, make several copies to
give to your designated power of attorneys, your primary physician and
to your hospital. I strongly encourage people to always bring a copy
with them whenever they go to the hospital so that the hospital will not
only have a copy of your document but also will know and honor your
medical wishes. While creating an AHCD is not mandatory, it is a Federal
Law that hospitals have to ask patients during their admission if they
have an AHCD.

WHERE CAN YOU GET ADVANCE HEALTH CARE DIRECTIVE FORMS?

Most,
if not all, hospitals have AHCD forms. You can always ask your hospital
if they have available forms. You can also ask your doctor if he/she
has a form. There are many websites now on the Internet that offer AHCD
forms. Just do a search on "Advance Health Care Directives."
I
believe that your completed (properly witnessed or notarized and signed)
AHCD is legally recognized in states other then your own. However,
since each state may have its own froms and probably laws on AHCD, the
best thing to do is to always bring an extra copy with you when
traveling.

WHO CAN FILL OUT AN AHCD?

Many
folks think that an Advance Health Care Directive is only for patients
who are terminally ill. Not so. Any competent adult, 18 years old and
above, can fill out an AHCD. I remember dealing with the family of a 20
year old woman who ended up on a persistent vegetative state (PVS) as a
result of a car accident. Her parents ended up divorcing just because
they could not agree as to what to do with her in her grave condition.
The mother believed that her daughter loved life so much that she would
not like to be living in such a terrible medical condition where there
is no dignity of life any longer. The father thought otherwise. This sad
break-up of a family would have not happened if, even at early age,
their daughter had an advance heatlh care directive.

I strongly
encourage you to talk to your physician or family members about this
difficult yet very important subject. I just hope that this article has
been a source of help.

Thursday, July 23, 2015

A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.

A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee.

Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Wednesday, July 22, 2015

No one can foresee problems that may arise should he become
incapacitated. Yet, you can avoid negative consequences of unforeseen
problems by creating Living Wills and Healthcare Power of Attorneys
(HCPOA).

Setting up a Living Will or HCPOA is a relatively simple
task. The first step it to consult with an attorney that specializes in
estate planning to ensure that your documents are clear. Here's an
overview of what you can expect from your Living Will and HCPOA.

Healthcare Power of Attorney

The
HCPOA, otherwise known as a "healthcare proxy" is a legal document that
enables an individual that you appoint (your "agent") to act as your
healthcare representative if you become incapacitated. The agent becomes
your acting representative at the moment you become incapacitated, thus
eliminating the need for your loved ones to argue over your rights and
wishes in court.

Your agent has the authority to request or deny
any medical treatment that he determines to be appropriate. Therefore,
it is a good idea to choose someone that you trust as your agent. Please
note: In most states, your spouse will be your default agent. If you
are not married but are in a lifelong relationship your partner, he does
not automatically become your agent. Make sure that you appoint your
partner as your agent to ensure that he or she has control over your
medical decisions if you are unable to make them.

Because your
agent has whatever powers you give him or her, make sure that he or she
understands your desires. Some of the decisions he or she may need to
make include but are not limited to:

Deciding whether or not you will receive medical treatment

Withdrawing life-support

Living Will
A Living Will and HCPOA should be used
in tandem, since one document complements the other. Your Living Will is
a document that clearly expresses your desires. In short, your Living
Will provides your medical team with instructions for how to carry out
your wishes should you become incapacitated. For example, if you become
brain dead, you can state in your Living Will that you wish to receive
or not to receive life support.

By creating a Living Will, you
ensure that your desires will be carried out without court involvement
that can be costly and stressful for your family. Criteria for enacting a
Living Will vary by state; so make sure that you consult with an
attorney to ensure that your Living Will complies with the rules in your
state.

Tuesday, July 21, 2015

We're a legal document assistance company, and basically that means we help people do their own documents. The main two services we provide are living trusts and divorce. So what we pride ourselves is going above and beyond for each and every one of our customers. Whether that means sometimes going to the house and doing a home visit for home bound people who need that service. Sometimes its a notary, sometimes it's a living trust. We work with everybody. If you have a legal need, we're going to be here to help you.

Sunday, July 19, 2015

Ever wondered how your modest finances or properties are handled,
in case something occurs to you or you will have to go away somewhere?
In that case consider the power of attorney. What is power of attorney?
This is a legal document that would facilitate you to allow an
organization or a person manages your business matters and your
finances.

The principal is person who is creating or signing the
power of attorney, while the agent or the attorney-in-fact is the person
who would be granted with authority. Because the power of attorney will
give the agent the control over banking, credit and other financial
concerns, it is important to be made with care that's why legal
assistance is important.

Power of attorney can be divided into 2
types, the general and the specific. The general power of attorney can
handle different personal and business transactions while the specific
power of attorney identifies specific transaction when the document
would take effect.

Here are some factors you should consider when choosing the best agent for your power of attorney:

•
Capability. It is much recommended to think about the capability of
agent in managing legal matters and principal's property. You should not
entrust your own finances to the agent who has problems in controlling
over their own finances.

• Age. In case you are thinking about
your child as the attorney-in-fact, you should consider the age. There
are differences on every state of laws on creating the power of
attorney. However approximately all of the laws accept that no agent
must be under 18 or 21 years old.

• Work experience. It's good idea to award authority to agent who is competent and expertise in legal matters or in finances.

•
Time. While deciding on the perfect agent to stand for you, at that
time it is very vital to think about how much time they can provide in
handling legal matters and financial.

• Location. It's advisable to consider agent who is not far from the property and the principal.

•
Organization and documentation skills. The principal may perhaps
require the attorney-in-fact to trace and correctly document the several
transactions made whether it will be for personal, business or
government purposes.

Other factor you should pay attention is how
to decide the spouse as the attorney-in-fact. Nearly all military
personnel will give the power of attorney to their spouses in case they
are in battle. Other option is a close relative.

You do not always
have to opt for a family member, you can decide on a non-relative
attorney-in-fact. If the principal is slightly worried on giving many
duties on one agent, then he or she may well find other co-agents.
However you could do that only if the power attorney specifies the
information or the limitation of the capabilities. Previous to making
decision on agent in the power of attorney, the principal ought to talk
to the agents first and ask them if they are keen to be agents.

When
carrying out the task, no organizations will control the agent. It will
just depend on the principal as well as principal's relatives to
supervise if the agent is carrying out what is predetermined in the
power of attorney.

Learn more guide to understanding the
power of attorney [http://www.powerofattorney.getmytips.com]. Get free
tips and advices, please visit: www.powerofattorney.getmytips.com
[http://www.powerofattorney.getmytips.com]

Saturday, July 18, 2015

Many people facing the prospect of divorce are surprised to learn
that pension benefits accrued during the course of a marriage are
considered marital property (or, in some states such as California,
community property) that is divided between the spouses upon divorce. A
pension plan falls under the category of retirement plans known as
defined benefit plans. These types of retirement plans generally provide
that upon retirement, the participant (employee) is entitled to a
monthly annuity that is payable over his or her lifetime.

Because
of certain provisions contained a Federal law known as the Employment
Retirement Security Act, a divorce judgment or matrimonial settlement
agreement, standing alone, is not a legally sufficient mechanism for
dividing a pension plan. It is essential that a further order, known as a
qualified domestic relations order (QDRO) be entered by the court and
approved by the pension plan administrator.

In situations where
the participant spouse is not yet retired, the QDRO form can utilize two
different methods for dividing pension benefits. These include the
"shared interest approach" and "separate interest approach."

If a
QDRO form uses the Shared Interest Approach, payments to the Alternate
Payee cannot begin until the Participant chooses to retire and begins to
receive a retirement allowance. Furthermore, payments to the Alternate
Payee must end upon the Participant's death unless the Alternate Payee
was designated in the QDRO as the surviving spouse of the Participant
for the purpose of electing a Qualified Joint and Survivor Annuity and
such election was elected by the Participant at the time of the
Participant's retirement.

If a QDRO form applies the Separate
Interest Approach, a "separate interest" is carved out for the Alternate
Payee and adjusted to his or her actuarial life expectancy. In
addition, the Alternate Payee controls the timing and manner of his or
her receipt of the benefit payments. The Alternate Payee can commence
receiving benefits at the Participant's earliest retirement date, rather
than wait for the Participant to begin to receive a retirement
allowance.

In most instances, it is highly beneficial for the
non-participant spouse that the QDRO form utilize a separate interest
approach. Sample QDRO forms are available for download. Upon completion
of a proposed QDRO form, the document must be submitted to the pension
plan administrator for approval, and, thereafter, to the divorce court
adjudicating the matter.

QDRO forms using both the Shared Interest Approach and Separate Interest Approach are available for download from www.qdropedia.com Marc
A. Rapaport is a divorce attorney with 15 years of experience, and he
regularly appears in the national media, including NBC News, the
National Law Journal, New York Magazine, New York Law Journal, and more.
Mr. Rapaport is the founder of http://www.QDROpedia.com, an online provider of QDRO forms and information for dividing pensions, 401k's and other retirement assets in divorce matters.

Friday, July 17, 2015

Powers of attorney are commonly used instruments, but few people
spend the time to really understand how they actually operate. This
includes attorneys and lay persons. Depending on whether a power of
attorney is considered durable, there are certain events, such as a
principal's subsequent incapacity, which may limit, or restrain an agent
from exercising his or her enumerated powers pursuant to the power of
attorney instrument.

Let's take a look at just some of the events
which can result in a suspension or termination of a power of attorney.
Firstly, if a power of attorney is not durable, meaning it does not
contain certain language referenced by law, the following events will
terminate a power of attorney. 1) principal dies, 2) becomes
incapacitated. Of course a subsequently executed "poa" that explicitly
revokes all previous ones, will also result in its termination.

If
a poa is durable, the scenario mentioned above is a little different.
While the death of the principal still results in termination,
subsequent incapacity of the principal could lead to a multitude of
scenarios. If a petition to determine the incapacity of the principle is
filed, the authorities granted in the power of attorney are suspended
until the petition is dismissed or the court enters an order authorizing
the agent to carry out powers granted to him. Certain powers, like the
authority to make health care decisions for the principal, remain
effective until the Court orders otherwise.

In emergency
situations, if the agent feels he needs to act on the principal's behalf
the agent may ask or "petition" the court to allow him to use powers
which are otherwise suspended, after a petition to determine incapacity
has been filed.

Other issues arise when powers of attorney
conflict with advance directives which the principal may have executed
and which may have given different individuals authority to act on his
or her behalf. These disputes sometimes involve family members, who have
different opinions on what is best for the principal. The law provides
that if an advance directive and a poa conflict, the advance directive
controls, unless a poa is later executed, and expressly states
otherwise.

While do-it your self forms for powers of attorney and
other documents such as a living will and advance directive are easily
obtainable, understanding how these instruments interact and often
conflict, requires a little bit of patience, and in many instances some
attorney advice.

Wednesday, July 15, 2015

California estate planning is essential for residents of the
Golden State. Basic strategies should encompass executing a last will
and testament; establishing a healthcare proxy; and designating power of
attorney rights. Dependent on estate value, establishing a trust can
further protect inheritance assets.

California estate planning
strategies must comply with state and federal laws. California has some
of the most complex probate laws in the country, so it is best to work
with a qualified estate planner or probate attorney.

Probate is
used within the US to settle estates that are not protected by a trust.
The process varies depending on if decedents engaged in estate planning
procedures prior to death. When individuals die without leaving a Will,
the estate settlement process requires additional time and exposes the
estate to a higher level of creditor claims or the potential for heirs
to contest the Will.

The last will and testament provides
directive as to how estate assets should be distributed. It is also used
to appoint a personal representative charged with duties required to
complete estate settlement process. Without these written directives,
the estate must be settled according to California probate code.

The
timeliness of estate settlement depends on various factors. One of the
most prevalent is estate value. In the state of California, estates
appraised with values of less than $100,000 are usually exempt from
probate if a legal Will has been executed and filed through court.

The
estate must undergo a 40-day waiting period to avoid probate.
Afterward, the personal representative must present a legal affidavit to
the court before distributing inheritance gifts to designated
beneficiaries.

When decedents do not leave a Will the estate is
required to undergo a probate proceeding to determine rightful heirs.
This is particularly important to understand if California residents do
not want to bequeath gifts to direct lineage relatives. In order to
disinherit relatives the Will must include a disinheritance clause which
states the reason why heirs are not entitled to estate assets.

The
purpose of including the disinheritance statement is to minimize risks
of heirs contesting the Will. It is not uncommon for disinherited
relatives to claim the decedent was under the influence of another
person or was of unsound mind.

Contesting a Will can freeze assets
in probate for months on end. This act can force personal
representatives to sell inheritance assets to cover legal expenses.
Defense fees can easily bankrupt small estates and leave nothing for
designated beneficiaries.

In addition to protecting assets,
California estate planning is the most effective strategy for
establishing healthcare proxies. This document allows individuals to
document the type of medical treatment they do or do not want to have if
they are incapable of making decisions due to illness or injury.
Healthcare proxies include 'Do Not Resuscitate' (DNR) orders, as well as
providing directives regarding life support and delivery of nutritional
intravenous feedings.

Estate planning is also used to grant Power
of Attorney rights. POA is an important decision that should not be
taken lightly. The person granted with POA powers should be someone who
can be trusted to make smart financial decisions, and make difficult
decisions on your behalf if you become incapacitated.

Establishing
California estate planning strategies is one of the best gifts to leave
loved ones. Without written directives, decisions surrounding your
estate will be left to the courts and chances are they won't be what you
would have wanted. Additionally, putting affairs in order can reduce
family discord and allow for efficient distribution of inheritance
gifts.

Simon Volkov is a California probate liquidator and real estate
investor who specializes in buying and selling probate properties. He
shares insights about California estate planning and shares resources for learning how to avoid probate and protect inheritance assets at www.SimonVolkov.com.

Tuesday, July 14, 2015

Are BY THE PEOPLE Personnel attorneys? No, we are not attorneys. We are Legal Document Assistants. In California, we are a licensed and bonded profession.

What if I need legal advise?
You can always consult with an attorney of your choice. We can provide
you with a referral for an excellent local attorney who specializes in
cases similar to yours if you have questions we cannot answer for you,
or your situation is more complicated than our services are meant to
help with.

Do you have a Notary Public?
Yes, whenever we are open we have a Notary Public on staff. If you are
a BY THE PEOPLE customer, all Notarizations of your documents are
included in our fees. If you have documents not prepared by BY THE
PEOPLE, we charge $10.00 per signature you need notarized, in Cash Only.
You must sign the document in our presence and provide valid photo
identification.

Does BY THE PEOPLE handle Criminal Matters?
No, we only handle uncontested civil matters. However, if you would
like to contact us, we may be able to refer an excellent local attorney
to you.

I need to have my documents prepared immediately. Do you have Rush or Same-Day document preparation services?
Yes, we can prepare certain documents within a few hours, if necessary.
Rush and Same-Day services are available for the following documents:
Wills, Powers of Attorney, Health Care Directives, Deeds, LLC and
Incorporation Articles. A modest Rush Fees will apply to these services.

How long will it take to prepare my documents?
The documents we prepare at BY THE PEOPLE are typed specifically at
your direction. All documents are then rigorously proofed to ensure you
receive the highest quality legal documents available anywhere. Most of
our documents are prepared and ready for you to sign within one week,
depending on your situation.

Sunday, July 12, 2015

Probate is the legal process that settles the property of the
deceased person and tells how it should be equally distributed among the
heirs and beneficiaries in case there is no will. The rules and
regulations of probate vary form state to state and each state can have a
different procedure and hearing process for probate. Some general
guidance might be similar in most states but it is always advised to
take help of a legal advisor in case you need to understand the probate
process in your locality. Moreover you should understand that every
probate case is different depending on the amount of money involved in
it. The different property, debts and people involved in it make the
whole case different from one other. There is no way that the rules and
results of one probate case can apply to other case. Normally people
have a view point that probate can be an ugly scene but the fact is that
it can be easy if all parties involved in it work together for a
positive outcome and preserve the memory of the deceased person.

In
most cases, the property of the deceased person is transferred to his
spouse if the person has not made any will before his expiry but in some
conditions due to the parties' involved the property cannot be
transferred to the spouse directly. The probate court which hears the
matter of probate cases will get involved if there any issues relating
to the property of the deceased person. The case has to go through a
legal framework and the final order of the court has to be addressed by
each person involved in the case. Now, since every state has different
law regarding the probate so the hearings of the case in the court can
be different in each state.

If the deceased person has a will and
has named a representative,all the assets will be handled by this person
unless the judge deems this person unfit, etc.If there is no
representative named in the will then the court appoints a
representative who handles the property unless the decision is made. The
appointed representative is called the administrator and has sole
responsibility of handling the property.

The Probate Process

In the initial phase the administrator
opens the case in the court. During this period he evaluates the
property and collects all the property of the deceased person. Few items
which come under contract of the deceased person are not held in
probate and they pass automatically to the beneficiary. Any bank
accounts or other things which has the clause of "payable on death" are
transferred to the person named in the contract. Only those limited
property that have no clear beneficiaries are accountable for probate
process. After accumulating all the property, the administrator sends a
legal notice to all parties involved in the case and pays all the debts
and claims which remain outstanding on the deceased name. Then the
administrator distributes the remaining property to the beneficiaries of
the decedent as instructed in the court's verdict.

If there are
any disputes during the process then the court hearing decided upon the
matter and the final verdict has to be agreed upon by every parties
involved in the probate process. Anyone can file the claim on the
property and if the court declines the claim then the opponent can file
lawsuit to claim the property. If the lawsuit is made then court has to
take the case more formally and this is when major problems occur during
the probate process.

Normally, probate process take a longer time
and if the amount involved is huge then the process can be more
problematic. But if all the parties involved work together to make a
positive solution then probate process can be competed easily and the
property is distributed equally among the heirs or beneficiaries.

Thursday, July 9, 2015

You will find a lot of LLC information on the Internet about the
limited liability company. This legal entity has become the most common
and popular of all other choices because it was specifically created to
be the most flexible entity available.

As a result, it can be used
for small business, real estate, holding and managing any property,
family and estate planning, and joint ventures. One can be really simple
such as for a single owner small business or an LLC can be used to
handle very large and complex activities. For example, Fidelity
Investments is an LLC which is owned by many owners and manages billions
of dollars of assets.

This Article covers the basic attributes of this amazing legal vehicle.

CREATED BY LAW ONLY

A
Limited Liability Company is a separate and distinct legal person that
is created at the state level. It is only formed once a state has
acknowledged its existence.

And, in order for a state to establish
one, there must be a document filing made by an organizer. The filing
is usually called the Articles of Organization and it must strictly
comply with the requirements of a state. Each state has its own set of
requirements and disclosures and fees.

PERSONAL LIABILITY PROTECTION

Once
formed, an LLC provides its owners with legally endorsed personal
limited liability protection from the entity's debts and obligations.
This feature is similar to the corporation.

If you are worried
about personal exposure to law suits arising from your business, you
should form a limited liability company. For example, you open a
store-front business that deals with the public directly, you may worry
that the commercial liability insurance you have might not fully protect
your personal assets from potential slip-and-fall lawsuits or even
claims by suppliers for unpaid bills. Running your business as a Limited
Liability Company will give some protection against and other claims
against your business.

PASS THROUGH TAXATION

If the
entity is owned by just one member, then there is no added tax
complexity. The income generated by the LLC is passed through to the
single owner and reported on his or her personal return. Even if it is
owned by multiple members, profits and losses are normally passed
through the owners as if it were a partnership. But unlike a general
partnership, on owners are subject to personal liability because of
ownership.

This tax benefit is a significant one. The corporation,
another alternative, offers the same personal asset protection but is
subject to what is known as double taxation. While there is an option
for elect for a corporation to be taxed as a pass through (single
layer), there are quite a few requirements and restrictions. With the
LLC, your entity will automatically qualify for the best tax treatment.

SIMPLE TO MANAGE AND OPERATE

Another
great feature is that you can tailor the management and ownership
structure of a limited liability company to suit your needs. There are
very little legal mandates and this makes it easier for anyone to use
one to meet their specific purposes.

For more LLC information
and to get more details about forming an LLC, governance, operations,
taxation and other related subjects, you can click here and search the
LLC Answers database, a comprehensive collection of commonly asked
questions and answers about the limited liability company: LLC Answers Site

Tuesday, July 7, 2015

Like most states in US, California too allows you to expunge your
DUI conviction record. Expunging your DUI conviction record will help
you get rid of all the problems resulting from your offense and make you
to experience the life like before. Regardless of whether your offense
is misdemeanor or felony, they can usually be expunged. Following are
the FAQ's which are sure to provide you an insight about expunging your
DUI records in California:

What is expungement?

Expungement
means sealing your DUI conviction record which practically means giving
petition to the court to expunge your record and the court replaces
your plea as not guilty and then dismisses your case. So when applying
for a job or under any other circumstances you need not have to disclose
that you have been convicted.

Who Is Eligible For expungement in California?

You are eligible for expungement:

if you are a first DUI offender who has only one charge for either a misdemeanor or felony

a year has passed since conviction

if you have completed probation successfully and not on probation for another offense

have no charges pending

have paid all the fines ordered by the court

How much does it cost to file for expungement?

It costs between $50 and $80 to file for expunging your record.

Will they need my presence at the court?

No, your expungement lawyer can do it for you.

What will I benefit from expunging my DUI conviction record?

There are a lot you will benefit from expunging your record such as employment, licensing etc,.

What expungement won't do?

Your expunged case can still be used for increasing your punishment when
you again caught up for a DUI or other criminal cases.

The DUI Process manual provides solution related to expunging
your DUI record, getting your driver's license back, saving a lot of
money on your auto insurance and even saving money throughout your DUI process no matter what state (US) you are located in.Article Source:
http://EzineArticles.com/?expert=Jennifer_Mann

Monday, July 6, 2015

With modern medical technology advancements, it is becoming more
and more important to consider writing an advanced healthcare directive.
There are several kinds of advanced healthcare directives. A living
will is one form of an advanced healthcare directive. It is a document
that specifies what you want done medically if you are no longer capable
of making decisions for yourself. A medical power of attorney or
healthcare proxy is another form that appoints a specific person to make
decisions for you if you are incapacitated. It is advised that a person
have both documents prepared and in place long before they will ever be
needed.

With today's advancement in medical care many people are
left confined to nursing homes. Many elderly are in a vegetative state,
fed through feeding tubes while their bodies slowly die. The emotional
and financial burden the families of these patients experience is
overwhelming. Lives are prolonged but there is no real quality of life.
An advanced directive can prevent this from happening to those you love.

The
living will was first proposed by Luis Kutner in 1969. His purpose was
to make sure the living were able to make their wishes known when they
were no longer able to speak for themselves. The living will gives
direction to medical professionals about what procedures a person wants
and doesn't want. It can forbid the use of medical equipment used to
sustain life or direct it be discontinued when it only prolongs death.
It can be general or specific depending on the wishes of the person
writing it.

Advanced directives should be regularly updated to
make sure they cover current medical technology. As advancements are
made, changes need to be made to reflect that advancement. A living will
that is current is more likely to be acknowledged and followed.

It
is advised that a living will be combined with a healthcare proxy to
assure your wishes are followed. No document can fully cover all the
circumstances that might occur. Having a person on the scene making
immediate decisions is important. By designating a person in advance to
make decisions, you can be reassured that no decisions are made that
might conflict with your desires.

The comfort and peace of mind an
advanced healthcare directive gives is invaluable. Knowing you will not
be a burden to your family allows you to calmly live knowing any
necessary medical decisions will be made by someone you trust.

Bryan Sims writes about various topics including health issues
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Sunday, July 5, 2015

If the deceased has assets with deeds, a will most likely will not avoid probate. Strengthen your understanding of probate court with an estate planning and probate lawyer in this free video on estate law.

Friday, July 3, 2015

Have you made your will official yet? It is not pleasant to talk
about, but death will inevitably take us all at some point in our lives.
Having an officially recognized will ensures that your estate goes to
the people that you want it to when you pass away. The simplest
definition of probate is 'the official proving of a will'. The laws of
probate can be overwhelming at times, especially when emotions are still
raw. It does serve its purpose however as not having a will (in-estate)
makes the procedures a lot trickier and the results which can take
months may not be what stakeholders deem right.

When a will is
filed with the courts, the process for probate varies from country to
country, even city to city. However the basic process is someone close
to the deceased approaches the courts to act as 'executor', once the
executor is established the process starts by collecting all assets and
getting a value for the total. Once debts have been paid, the remaining
assets can be distributed as per the will before the probate process is
formally closed.

The Executioner

The executioner is usually the closest person to the deceased (wife, daughter, father etc.) or a close friend.

Probate affects you today in two ways. As someone who files a will and as a person nominated to be the executioner of a will.

Writing Your Will

Writing
a will may seem like a death wish, it is something no one wants to ever
think about however there is an incentive. You likely have worked hard
for what you have acquired in life and would like your estate to be
distributed as you see fit according to your values and wishes. It is
also to protect your family, pre nuptial agreements may appear to only
be agreed to when a high profile celebrity gets married, or someone
wealthy but they are doing it for the same reasons as a will. The
subject of money makes people act in irrational ways to protect
themselves. Family members may lay claim that they should get
everything, while others believe it should be theirs. It is not a nice
situation for all involved. By writing your will now, you ensure that
these disagreements can be solved by simply reading your official legal
will.

As The Executioner

As the writer of
the will, you will normally want to tell the person who you are leaving
in charge of your estate should tragedy strike. It isn't the easiest
conversation to begin, but knowing you have someone you trust can put
your mind at ease. When someone brings up the subject with you, there is
no set way to react. Simply listening to their requests is best, do not
try and influence them either way. If you are unsure of anything
though, do ask. Documenting everything possible is the safest option as
emotions may get in the way of what was truly requested. In a perfect
world there will be many, many years to you put everything in place
exactly the way you wish. Make it a common practice to revisit the will
every couple of years, to verify that it fits how you feel at that time.

Probate
is something most people will deal with from both sides as the
executioner and the writer of the will in their lifetime. Having a will
ready so that the probate law process can be handled appropriately by
all parties is law that should be taken seriously.

Thursday, July 2, 2015

You don't have to be wealthy to need a will in regards to your
personal property. After you're gone, legal wrangling can become time
consuming for family members left behind and often creates indecision
and fighting amongst potential beneficiaries as your wishes may not be
clear. A will is usually straightforward and simply put is a legal
document that specifies how your property will be dispersed at the time
of your death. It can be revoked or amended at any point in your
lifetime, and can be used to appoint a guardian for any children that
are not yet of legal age.

Another option to be considered is a
living trust. A living trust handles property management of all assets
and all of these assets are transferred to the trust. Typically, you
will act as your own trustee while specifying who will act as trustee
upon your death. A living trust has the added benefit of avoiding
probate after you die and preventing public disclosure of all your
private financial matters. A living trust does have some drawbacks. It
must be maintained and any new property acquired must be transferred to
the trust or it will not be under the protection of the trust. A living
trust is also more expensive to initiate and must be managed. Generally a
living trust is recommended if your estate exceeds a specific dollar
amount, you have minor children, you're willing to manage the trust, and
if you want control of when your beneficiaries receive any assets.

A
simple will might be a better option if there is informal probate
available where you live. Informal probate is a greatly expedited form
of probate and is generally available to those whose estate is under a
certain dollar amount. If you are single without children, and you don't
own a business, it probably isn't necessary to set up a living trust
and a simple will is sufficient. Upon your death, the executor of your
estate will submit your will along with a petition to the probate court.
The petition requests that the will be accepted as legal and valid and
request that the executor named in the will be legally appointed. Any
heirs, beneficiaries, or creditors must be notified of the submission of
the will and have a specific amount of time to challenge it or submit
claims against the estate.

This process does not apply to living
trusts, which is why many people opt for a living trust versus a will.
Each person's situation is unique and should be evaluated by an attorney
who is familiar with estate law. Talk to your family and determine who
will handle your affairs after your death. With everyone understanding
who will handle which aspects of the estate and what to expect, the loss
of a family member is a less stressful one.

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Wednesday, July 1, 2015

You can't take it with you. Unless you plan on living forever,
there will eventually be a need to divide your property amongst the
relatives and loved ones you leave behind. By having a will, you
determine who gets what. Without one, the law will do it for you by the
operation of statutes. Many people believe that they are not wealthy
enough to need a Will. But if you own property that is titled (a car or
house), after your death, those items cannot be transferred without
opening an estate. If you don't have a Will, the cost of processing your
estate goes up significantly.

When a person dies and leaves
property behind, that property is known as an estate. In order to
transfer ownership of the property in the estate from the deceased to
surviving heirs, the estate must go through the probate process. A Will
not only identifies who will inherit the property, but names an executor
to administer the estate. Without a Will, not only will statutes
determine who gets your property, but the court will have to appoint and
administrator to handle the estate. This is a costly process.

The
most obvious benefit to having a Will is controlling what property
passes to which heir. This is important if there are pieces of personal
property that you want to go to a specific loved one for sentimental or
other reasons. A Will also allows you to place conditions on the
bequest, such as that the heir complete higher education or attain a
certain age, before receiving his or her inheritance.

If these
benefits of having a Will are not enough to convince you to take action,
then consider those who you are leaving behind. A Will invariably makes
the probate process smoother and easier for the survivors. In addition
to controlling exactly where the property goes, a Will names the person
or persons who will "execute" the estate, meaning the person who will
gather the property and distribute it to the named heirs. This is often
no small undertaking - it can involve selling stock, closing and
consolidating bank accounts, liquidating assets, and more. In drafting a
will, you should be sure to select an executor who has knowledge of the
property in your estate and the competence and willingness to perform
the job, all of which makes for a more efficient probate process.
Without a Will, the court must appoint an administrator (obviously not
of your choosing) to perform these tasks. Unfortunately, this is more
costly and can lead to disagreements amongst family members.